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제1장 서론 ················································································· 4
제2장 심사관 청구 특허무효심판 제도 ··········································· 5
I. 연혁 ······················································································ 5
II. 제도의 운용 현황 ··································································· 7
III. 정리 ···················································································· 9
제3장 주요국의 관련 제도··························································· 11
I. 개요 ···················································································· 11
II. 미국 ··················································································· 11
III. 영국 ·················································································· 13
IV. 일본 ·················································································· 15
V. 정리 ··················································································· 18
제4장 심사관 청구 무효심판 제도 개선 방안 ································ 19
I. 제도 개선 방향 ······································································ 19
II. 심결 취소의 소 피고 변경 방안(1안) ······································· 20
III. 심사관에 의한 특허취소신청 제도 도입 방안(2안) ···················· 31
제5장 결론 ··············································································· 44
제6장 첨부 1: 자문 의견 ··························································· 47
I. 심사관 청구 무효심판 심결 취소의 소 피고를 특허청장으로 하는 방안 47
II. 심사관에 의한 특허취소신청 제도 도입 방안 ···························· 50
III. 위 두 방안 중 더 바람직한 방안은 무엇인지? ························· 52
제7장 첨부 2: 심사관 청구 무효심판 사건 현황(1997년~2024년) ···· 53
제2장 심사관 청구 특허무효심판 제도 ··········································· 5
I. 연혁 ······················································································ 5
II. 제도의 운용 현황 ··································································· 7
III. 정리 ···················································································· 9
제3장 주요국의 관련 제도··························································· 11
I. 개요 ···················································································· 11
II. 미국 ··················································································· 11
III. 영국 ·················································································· 13
IV. 일본 ·················································································· 15
V. 정리 ··················································································· 18
제4장 심사관 청구 무효심판 제도 개선 방안 ································ 19
I. 제도 개선 방향 ······································································ 19
II. 심결 취소의 소 피고 변경 방안(1안) ······································· 20
III. 심사관에 의한 특허취소신청 제도 도입 방안(2안) ···················· 31
제5장 결론 ··············································································· 44
제6장 첨부 1: 자문 의견 ··························································· 47
I. 심사관 청구 무효심판 심결 취소의 소 피고를 특허청장으로 하는 방안 47
II. 심사관에 의한 특허취소신청 제도 도입 방안 ···························· 50
III. 위 두 방안 중 더 바람직한 방안은 무엇인지? ························· 52
제7장 첨부 2: 심사관 청구 무효심판 사건 현황(1997년~2024년) ···· 53
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